Menifee v. Hamilton

Citations

• 32 Tex. 495

Syllabus

<p>1— The defendant in an action of trespass to try title having at the first trial relied upon one title, he should not have been permitted, ata second trial granted him on appeal to this court, to have set up a new and different title. The rights of the parties were fixed when the demise was laid.</p> <p>2— Guardians and tutors of minors, according to the civil law, had power, under the direction of the proper court, to convey the estates of their wards.</p> <p>8—There must be Some presumptions in favor of judicial acts. Hence in this ease it is to be presumed that a judge of the first instance, co-operating in 1835 with a guardian in selling land of a minor, was acting with authority; and that the person recognized in his judicial proceedings as the guardian of the minor was the guardian.</p> <p>4— This court will not reverse judgments of the District Courts for minor errors, when no substantial injustice has been done.</p> <p>5— The case of Hamilton v. Menifee, 11 Texas K., 718, cited and referred to as decisive of the validity and locality of the grant in question.</p>